is my employer exempt from sb730?

[lowonair]

i just had a discussion with the safety coordinator about the parking lot bill and what would happen if it passed. she said that "the state cannot control company policy" which i think is wrong. her husband is a local sheriff and he said that since we fall under maritime security levels and coast guard regulations,that my employer will be exempt from this law.

the company is a chemical manufacturing plant with an outside fence and an inside fence. will this be a problem if it is passed the way it is? i really like my job but my life is more important. its getting harder to find a job so i may be stuck here.

[DrinkRaiderade]

From what I can gather, if the parking lot is fenced with controlled access, then the employer can still ban firearms (IN THAT LOT), but they must provide alternative parking for those that do want to carry. I saw that in one of the other threads on SB730. I do not know how this applies to places like Parking Garages though...

[mymojo]

i just had a discussion with the safety coordinator about the parking lot bill and what would happen if it passed. she said that "the state cannot control company policy"

What about handicapped access? EEOC? smoking in the workplace? OSHA? FMLA?

I'm pretty sure the state CAN control company policy.

[jack010203]

i just had a discussion with the safety coordinator about the parking lot bill and what would happen if it passed. she said that "the state cannot control company policy"

What about handicapped access? EEOC? smoking in the workplace? OSHA? FMLA?

I'm pretty sure the state CAN control company policy.

I thought those were federal requirements, that everyone has to abide by?
Why does your company fall under coast guard regulations? are you a federal contractor, or on federal land?

I am in a similar situation as I work for a contractor to the federal government, that is on federal land. If State or federal law prohibits possession of a firearm on that property then i do not think that you will be allowed to store your firearm or ammo in your car. Posted below is the section of the bill that leads me to this conclusion. I am not a lawyer of course and may have read the bill, or this section completely wrong, but thats what i got from it.


(g) This section does not authorize a person who holds a
license to carry a concealed handgun under Subchapter H, Chapter
411, Government Code, who otherwise lawfully possesses a firearm,
or who lawfully possesses ammunition to possess a firearm or
ammunition on any property where the possession of a firearm or
ammunition is prohibited by state or federal law.

[mymojo]

I thought those were federal requirements, that everyone has to abide by?

I knew someone would point out those are federal laws. But my point was that the state (i.e. government) CAN dictate corporate compliance with the law.

I'm sure you can find a myriad of laws (down to the local level) that any given company has to abide by within the jurisdiction in which they reside.

[O6nop]

I thought those were federal requirements, that everyone has to abide by?

I knew someone would point out those are federal laws. But my point was that the state (i.e. government) CAN dictate corporate compliance with the law.

Zoning laws, ordinances, building codes - including structural, electrical, plumbing, accessibility, energy, preservation, aviation, PARD, elevator, gas and boiler codes are pretty much all state, county and/or local responsibilities that can dictate what you can or must do with your property.

[jack010203]

I thought those were federal requirements, that everyone has to abide by?

I knew someone would point out those are federal laws. But my point was that the state (i.e. government) CAN dictate corporate compliance with the law.

Zoning laws, ordinances, building codes - including structural, electrical, plumbing, accessibility, energy, preservation, aviation, PARD, elevator, gas and boiler codes are pretty much all state, county and/or local responsibilities that can dictate what you can or must do with your property.

I did not mean that the state of Texas cannot force a company to do something, I just wanted to point out that they were federal requirements, but those were very good examples to put that question to bed.
As for the original question, it seems plausible that if there were a federal law banning guns on certain property or for certain companies that that would negate the state law that allows it. For example, from what I understand it is illegal to have a gun in your car in the NASA parking lot, as a visitor, even with the MPA (motorist protection act) stating you can.

[KD5NRH]

I thought those were federal requirements, that everyone has to abide by?

Okay, then, look at everything on the TWC site.

[FlynJay]

I thought those were federal requirements, that everyone has to abide by?

I knew someone would point out those are federal laws. But my point was that the state (i.e. government) CAN dictate corporate compliance with the law.

Zoning laws, ordinances, building codes - including structural, electrical, plumbing, accessibility, energy, preservation, aviation, PARD, elevator, gas and boiler codes are pretty much all state, county and/or local responsibilities that can dictate what you can or must do with your property.

I did not mean that the state of Texas cannot force a company to do something, I just wanted to point out that they were federal requirements, but those were very good examples to put that question to bed.
As for the original question, it seems plausible that if there were a federal law banning guns on certain property or for certain companies that that would negate the state law that allows it. For example, from what I understand it is illegal to have a gun in your car in the NASA parking lot, as a visitor, even with the MPA (motorist protection act) stating you can.

Kind of a bad example since the NASA parking lot is on Federal Property. In the OP's case his company site located in Texas will have to abide by Texas state law.

[RandyM]

The bill was amended this week, so everyone who works in a chemical or refinery plant, just got shafted. Here is the amendment:

(h) This section does not apply to:

(1) a school district;

(2) an open-enrollment charter school, as defined by Section 5.001, Education Code;

(3) a private school, as defined by Section 22.081, Education Code; or

(4) property owned or leased by an employer who is required to submit a risk management plan under Section 112(r) of the federal Clean Air Act (42 U.S.C. Section 7412) and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials regulated under state or federal law.